K.N. SREEKUMAR vs. ASST COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court of Kerala, while acknowledging the submissions of both parties, held that the writ petition could be disposed of with directions. The Court directed the Income Tax Appellate Tribunal (ITAT) to consider and pass orders on the stay petitions (Ext.P4 and Ext.P4(a) to Ext.P4(f)) filed by the petitioner within a period of two months from the date of receipt of a copy of the judgment. As an interim measure, the Court ordered that all coercive proceedings against the petitioner be kept in abeyance until the ITAT passed its orders on the stay petitions. The Court did not decide the merits of the appeals or the stay petitions themselves, but rather directed the ITAT to expedite the process.
What were the facts?
The petitioner, K.N. Sreekumar, is challenging assessment orders passed against him for assessment years 2006-07 to 2012-13, which arose from a search under Section 132 of the Income Tax Act, 1961. The petitioner filed appeals before the Income Tax Appellate Tribunal (ITAT) along with stay petitions. The appeals were listed for hearing on November 10, 2021. However, the petitioner apprehended coercive recovery steps from the respondents (Assistant Commissioner of Income Tax and others) and therefore filed the present writ petition seeking consideration of his stay petitions.
What were the issues?
1. Whether the Income Tax Appellate Tribunal should be directed to consider and pass orders on the stay petitions filed by the petitioner. Assessee's Contention: The petitioner argued that his appeals before the ITAT were posted for hearing on 10.11.2021. However, he was apprehending coercive steps for recovery of the demand raised by the assessing officer. Therefore, he sought a direction for the ITAT to consider his pending stay petitions. The petitioner relied on the fact that the appeals were listed for hearing and that the ITAT had the power to grant stay pending appeal. Revenue's Contention: The revenue, represented by Dr. Thushara James, Sr. Govt. Pleader, appeared before the High Court. The judgment does not explicitly record the revenue's specific arguments regarding the stay petitions or the writ petition itself, other than their appearance and participation in the proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Pursuant to a search under section 132 of the Income Tax Act, 1961, assessment orders were passed against the petitioner for the years 2006-07, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12 and 2012-13 as per Ext.P1 series of orders.
Challenging the assessment, petitioner preferred appeals, which were disposed of by a common order. Appeals have been preferred by the petitioner before the Tribunal as Ext.P3 series along with stay petitions.
Ext.P4, Ext.P4(a) to Ext.P4(f) are the stay petitions filed by the petitioner in the appeals filed before the Income Tax Appellate Tribunal for the period 2006-07 till 2012-2013. According to the petitioner, the appeals are posted for hearing to 10.11.2021. However, since the respondents are threatening to proceed with coercive steps to recover the amount imposed by the assessing officer, petitioner seeks for consideration of stay petitions filed in the said appeals.
Having regard to the aforesaid submissions and after hearing the arguments of Adv.Arun Raj S., as well as Adv.Jose Joseph, learned Standing Counsel for the respondents, I am of the opinion that that this writ petition can be disposed of with directions.
This writ petition is therefore disposed of directing the Income Tax Appellate Tribunal to consider and pass orders on Ext.P4 as well as Ext.P4(a) to Ext.P4(f) stay petitions, within a period of two months from the date of receipt of a copy of this judgment. Till such time, all coercive proceedings against the petitioner shall be kept in abeyance. BECHU KURIAN THOMAS JUDGE vps
Appendix — schedule of exhibits
More judgments on Section 132
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Venish Vinodray Lalani, Rajkot vs Income Tax Officer, MorbiITA 197/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
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